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ARTICLE · 22 MARCH 2018

GDPR For Employers: Guide To Bases Of Processing

Arthur Cox
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The GDPR provides six lawful bases under which an organisation may process personal data. It defines the bases on which data may be processed in new ways and explicitly identifies the rights...

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Louise O'Byrne
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The GDPR provides six lawful bases under which an organisation may process personal data. It defines the bases on which data may be processed in new ways and explicitly identifies the rights that employees have to object to certain bases of processing.

Consent Article 6(1)(a)
  • Consent under GDPR must be freely given, informed, and affirmative.
  • Data subjects must have the right to withdraw their consent at any time and in an easy manner and must be informed of this right before consent is obtained.
  • Relying on consent in the employment context is "problematic" due to the imbalance of power between the parties and the concern that such consent is not given voluntarily.

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